HUD Reasonable Accommodation

GaryJ3 (Nevada)
Posts: 31

Posted:

Hello I am a HOA member in a condo community. I am seeking a reasonable accommodation from the board. I am disabled from birth and can no longer traverse to my designated parking area. I have given the board a letter stating the particulars of my medical condition from my physician and the doctors recommendation that they make a variance to their rules and grant the accommodation. The permanent parking space would be in front of my garage which is the only flat area available. The HOA has retained council and I have filed a claim with HUD which HUD wants to wait for a denial by the HOA board before it takes the next step. Even though I have a 2 car garage which I have used for 9 years. My condo was flooded in August by a broken sprinkler and I still have items in the garage that has prevented me from using the garage. The board has admitted that the designated parking is no longer useful to me. But today they told me they do not want to grant me a permanent accommodation because it will set a precedent. The granting will not cause either a financial or administrative burden,so if they deny in writing HUD says they will start a investigation. I informed the board that I will meet with them. My twin brother who is also disabled lives with me and suffered a serious concussion 3 weeks ago taking the garbage out and slipped on the ice and required a CAT and MRI scan. We originally wrote the board with our request in November and since then they have allowed me to park in front of the garage. I still want the RA because our health and mobility will get worse over time. Every other member has access to designated parking and a garage also. But if they deny us,then I feel we are subject to different terms and conditions.

Can I do anything to avoid a HUD complaint? Thanks for your input.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By GaryJ3 on 02/16/2017 8:24 PM

Can I do anything to avoid a HUD complaint? Thanks for your input.

Compromise.

Instead of a permanent space, perhaps a temporary space for x months while your home is being repaired (due to the leak) and you can empty the garage.

Instead of a permanent space, perhaps a temporary space until the condo is sold or you are no longer living within the unit.

From what you wrote, it sounds like the board is willing to work with you.
They simply don't want to make it permanent. Temporary is fine. How long temporary actually is, is the compromise that can be discussed.

RichardP13 (California)
Posts: 3,868

Posted:

Are you saying the items in your garage which is currently prohibiting you from parking in your garage is a permanent situation?

I might grant a temporary variance, with a time limit to move items into storage to continue using your garage.

GaryJ3 (Nevada)
Posts: 31

Posted:

Tim, I don't plan on selling. Also my brother lives with me and has another car. A temporary is not agreeable.

GaryJ3 (Nevada)
Posts: 31

Posted:

Richard, the garage will be available in two months,but that still leaves me with no designated parking option like everybody else and my brother needs to park from time to time and can't use the garage as I own two cars.

RichardP13 (California)
Posts: 3,868

Posted:

How many cars can you drive at one time?

Can I do anything to avoid a HUD complaint?
You also need to make accommodations. I have come across a similar situation and the disabled person was not granted their wish and it was very similar to your case. It didn't end well.

GaryJ3 (Nevada)
Posts: 31

Posted:

Quote:

Posted By RichardP13 on 02/16/2017 8:55 PM
How many cars can you drive at one time?

Can I do anything to avoid a HUD complaint?
You also need to make accommodations. I have come across a similar situation and the disabled person was not granted their wish and it was very similar to your case. It didn't end well.

Well if they deny me I'll let HUD decide. Doesn't cost me a dime.

RichardP13 (California)
Posts: 3,868

Posted:

Good luck.

GaryJ3 (Nevada)
Posts: 31

Posted:

Quote:

Posted By RichardP13 on 02/16/2017 9:05 PM
Good luck.

So far the replies don't surprise me at all.....The HOA has a duty to make a reasonable accommodation. If HUD takes the claim and starts a investigation....somebody is going to not be pleased and it won't be me.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Gary:

You purchased in the HOA under the CCR's meeting your disability. You were disabled when you purchased and this is something the HOA could argue.

The HOA is willing to give a temporary for a certain period of time and which could be possibly negotiated to include as long as you "personally" own the property. I understand why they do not want to give anything permanent as that could then maybe transfer to another owner who may not be disabled and cause future issues for the association. As others have stated why not compromise meeting your needs ... because you might loose the battle as Richard pointed out to you.

GaryJ3 (Nevada)
Posts: 31

Posted:

Quote:

Posted By JanetB2 on 02/16/2017 9:58 PM
Gary:

You purchased in the HOA under the CCR's meeting your disability. You were disabled when you purchased and this is something the HOA could argue.

The HOA is willing to give a temporary for a certain period of time and which could be possibly negotiated to include as long as you "personally" own the property. I understand why they do not want to give anything permanent as that could then maybe transfer to another owner who may not be disabled and cause future issues for the association. As others have stated why not compromise meeting your needs ... because you might loose the battle as Richard pointed out to you.

Janet, I appreciate the answer.
Two things HUD has never held for the respondents on those two points.

If the HOA want's to grant me and my brother a variance as long as either of us are residents that fine with me. But that is permanent in there view, we will see what happens.

RichardP13 (California)
Posts: 3,868

Posted:

Quote:

Posted By GaryJ3 on 02/16/2017 9:09 PM

Posted By RichardP13 on 02/16/2017 9:05 PM
Good luck.

So far the replies don't surprise me at all.....The HOA has a duty to make a reasonable accommodation. If HUD takes the claim and starts a investigation....somebody is going to not be pleased and it won't be me.

The HOA did make a reasonable accommodation. You have a temporary situation with your garage and the HOA gave you a temporary accommodation.

GaryJ3 (Nevada)
Posts: 31

Posted:

Quote:

Posted By RichardP13 on 02/16/2017 10:06 PM

Posted By GaryJ3 on 02/16/2017 9:09 PM

Posted By RichardP13 on 02/16/2017 9:05 PM
Good luck.

So far the replies don't surprise me at all.....The HOA has a duty to make a reasonable accommodation. If HUD takes the claim and starts a investigation....somebody is going to not be pleased and it won't be me.

The HOA did make a reasonable accommodation. You have a temporary situation with your garage and the HOA gave you a temporary accommodation.

You are wrong if they deny my request which my doctor told them we are both subject to severe injury....all 100 other members have use of designated parking which we no longer do because of our disability and HUD requires a Nexus for the claim between the RA and the disability we the HOA council admitted to. We will see if the claim is Prima Facie.

https://portal.hud.gov/hudportal/documents/huddoc?id=DOC_14457.pdf

RichardP13 (California)
Posts: 3,868

Posted:

GaryJ

PLEASE DO NOT let what you posted as the basis for your claim. Unbelievable. Did you even read the whole thing?

GaryJ3 (Nevada)
Posts: 31

Posted:

Quote:

Posted By RichardP13 on 02/16/2017 10:32 PM
GaryJ

PLEASE DO NOT let what you posted as the basis for your claim. Unbelievable. Did you even read the whole thing?

Ok you are RKI....where am i mistaken....

GaryJ3 (Nevada)
Posts: 31

Posted:

Also this claim was submitted by a HUD fair housing NGO

RichardP13 (California)
Posts: 3,868

Posted:

The HOA failed to provide the claimant a parking space. You on the other hand, were provided temporary accommodation. You want permanent accommodation. Sorry you WEREN'T discriminated against.

GaryJ3 (Nevada)
Posts: 31

Posted:

Quote:

Posted By RichardP13 on 02/16/2017 10:48 PM
The HOA failed to provide the claimant a parking space. You on the other hand, were provided temporary accommodation. You want permanent accommodation. Sorry you WEREN'T discriminated against.

Ok thanks....If they deny me which they told me....Like I said I have filed the claim. HUD intake is waiting for the written denial.

RichardP13 (California)
Posts: 3,868

Posted:

For the record, I have worked in a management company owned by a law firm that represented an HOA who had almost an identical case. I happen to have managed the association. The claimant didn't want to clean his garage to park his car, even though the CCRs clearly stated that that the garage was to be used for the parking of vehicles. We gave them a 30 day parking pass next to his garage until he obtained off-site storage.

If he didn't have to comply, why should others.

He lost.

GaryJ3 (Nevada)
Posts: 31

Posted:

Quote:

Posted By RichardP13 on 02/16/2017 10:55 PM
For the record, I have worked in a management company owned by a law firm that represented an HOA who had almost an identical case. I happen to have managed the association. The claimant didn't want to clean his garage to park his car, even though the CCRs clearly stated that that the garage was to be used for the parking of vehicles. We gave them a 30 day parking pass next to his garage until he obtained off-site storage.

If he didn't have to comply, why should others.

He lost.

I have already filed....

GaryJ3 (Nevada)
Posts: 31

Posted:

Richard HUD San Francisco has already told me that a temporary is not a RA in my situation,that's why they are waiting for the written denial. It is a issue of terms and conditions and the HOA is asking me to accept different from every other member.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Gary,

As I understand it, if you could use your garage for your vehicles, there would be no issues or need for a reasonable accommodation.

The fact that you are using the Garage as storage vs. using it to store your vehicles may not have been made known to HUD. Once all of this is explained, HUD may have a different perspective.

GaryJ3 (Nevada)
Posts: 31

Posted:

Quote:

Posted By TimB4 on 02/17/2017 2:48 AM
Gary,

As I understand it, if you could use your garage for your vehicles, there would be no issues or need for a reasonable accommodation.

The fact that you are using the Garage as storage vs. using it to store your vehicles may not have been made known to HUD. Once all of this is explained, HUD may have a different perspective.

All the relevant info was submitted by the HUD NGO

I am asking for a reserved parking space in front of my garage,because the designated parking I and my brother can no longer use.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By GaryJ3 on 02/17/2017 8:29 AM

All the relevant info was submitted by the HUD NGO

I am asking for a reserved parking space in front of my garage,because the designated parking I and my brother can no longer use.

You can use the designated parking ... once the leak was fixed it is your responsibility to remove the items from the garage and reinstate your designated parking. You have been there for if remember from above 8-9 YEARS with no previous issue and the fact you have not reinstated your designated parking is not your HOA's fault.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Gary,

Your initial question was "Can I do anything to avoid a HUD complaint?"

The answer to that was to compromise.
You indicate that you are unwilling to compromise.

Therefore, I wish you luck.

Please let us know how it turns out.

Tim

GaryJ3 (Nevada)
Posts: 31

Posted:

Quote:

Posted By TimB4 on 02/18/2017 9:14 AM
Gary,

Your initial question was "Can I do anything to avoid a HUD complaint?"

The answer to that was to compromise.
You indicate that you are unwilling to compromise.

Therefore, I wish you luck.

Please let us know how it turns out.

Tim

You are ignorant of the fact that I can no longer use the designated parking by order from my doctor.

GaryJ3 (Nevada)
Posts: 31

Posted:

Quote:

Posted By TimB4 on 02/18/2017 9:14 AM
Gary,

Your initial question was "Can I do anything to avoid a HUD complaint?"

The answer to that was to compromise.
You indicate that you are unwilling to compromise.

Therefore, I wish you luck.

Please let us know how it turns out.

Tim

If they deny me it is them that refuse to compromise....A temporary denys me equal treatment under federal law as I am a member of a protected class. Which most can't comprehend what the federal laws purpose is.

GaryJ3 (Nevada)
Posts: 31

Posted:

Quote:

Posted By JanetB2 on 02/18/2017 9:10 AM

Posted By GaryJ3 on 02/17/2017 8:29 AM

All the relevant info was submitted by the HUD NGO

I am asking for a reserved parking space in front of my garage,because the designated parking I and my brother can no longer use.

You can use the designated parking ... once the leak was fixed it is your responsibility to remove the items from the garage and reinstate your designated parking. You have been there for if remember from above 8-9 YEARS with no previous issue and the fact you have not reinstated your designated parking is not your HOA's fault.

You are ignorant of the fact that I can no longer use the designated parking by order from my doctor.

GaryJ3 (Nevada)
Posts: 31

Posted:

Tim that other reply wasn't meant for you,it was in reply to Janet

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By GaryJ3 on 02/16/2017 8:24 PM

I am seeking a reasonable accommodation from the board.

I am disabled from birth and can no longer traverse to my designated parking area.

The permanent parking space would be in front of my garage which is the only flat area available.

My condo was flooded in August by a broken sprinkler and I still have items in the garage that has prevented me from using the garage.

The board has admitted that the designated parking is no longer useful to me.

Gary,

I want to try and understand this a little better.

Per my understanding:

Your designated parking space is your garage.
You moved items from your house and stored them in the garage due to a water leak, preventing you from using the garage.

You are asking that you be able to park your vehicle in front of the garage (vs. within the garage).

Is this correct?

If my understanding is correct, I have the following questions:

Has the leak been fixed and the damage to the condo repaired?
If yes, what is preventing you from moving the items from the garage back into the condo?
When do you anticipate moving the items from the garage back into your home so your designated space can be used?

RichardP13 (California)
Posts: 3,868

Posted:

The problem is Gary doesn't like where his designated packing space is.

RichardP13 (California)
Posts: 3,868

Posted:

The other issue is Gary wants his accommodation on what or what not will happen in the future. Should I put my request in for my accommodation for what may happen when I am 80?

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By GaryJ3 on 02/18/2017 4:01 PM

Posted By JanetB2 on 02/18/2017 9:10 AM

Posted By GaryJ3 on 02/17/2017 8:29 AM

All the relevant info was submitted by the HUD NGO

I am asking for a reserved parking space in front of my garage,because the designated parking I and my brother can no longer use.

You can use the designated parking ... once the leak was fixed it is your responsibility to remove the items from the garage and reinstate your designated parking. You have been there for if remember from above 8-9 YEARS with no previous issue and the fact you have not reinstated your designated parking is not your HOA's fault.

You are ignorant of the fact that I can no longer use the designated parking by order from my doctor.

Your Doctor ordered you NOT to use your garage to park your vehicle???

GaryJ3 (Nevada)
Posts: 31

Posted:

The Points are as folloSws

1.120 Members have a 2 garage

2.All members have designated parking that is 1st come 1st serve

3. Those that use the designated parking have to move there vehicles every 60 hours.

4.There is not reserved parking

5. All areas are common areas including the front garage area.

6.The HOA says I can't use the designated parking because of my disability & my brothers .
to access my residence.

7.All members have see #2 & 3

8.Since the HOA agrees with my doctor that I only have access to my residence through the garage.

9.I am asking for reserved parking in front of my garage because it is the only flat area that is accessible to my residence. Remember everyone else has designated parking and a garage.Which I don't I have a garage only.

10. This under the civil code usc 42 is unlawful. Since under Terms and Conditions I am subjected to a different standard than the other members.

11.FFHA held :
A physically disabled resident may request parking privileges not available to other members of the association, such as the right to park a car in a guest parking space which is near and convenient to the residence or the right to park a vehicle outside the garage. If the resident is known to have a physical disability or presents such medical evidence to the board, the association has an affirmative duty to make a reasonable accommodation, such as granting an exception from the normal parking rules. The Act has been construed to require the party controlling the housing to waive enforcement of a parking rule for the benefit of a resident with a disability.

See GITTLEMAN VS WOODHAVEN CONDO
SHAPIRO VS CADMAN TOWERS

12. The HOA recognized that my request is reasonable but are saying that the common areas can not be used as reserved parking & that other members will want to use the garage front areas for parking. That my garage use for parking is more reasonable.See #10 and reread original Post .

GaryJ3 (Nevada)
Posts: 31

Posted:

Sorry # 7 should read #1 & 2

Also the Courts have held that a disabled person can't be held to different Terms and Conditions than the rest of the members.

. FHAA Claim[4]

The FHAA was enacted in 1988 to extend the principle of equal opportunity in housing *897 to, among others, those with handicaps. See Shapiro v. Cadman Towers, Inc., 51 F.3d 328, 333 (2d Cir.1995) (citing H.R.Rep. No. 711, 100th Cong., 2d Sess. (1988) U.S.Code Cong. & Admin.News 2173). Pursuant to 42 U.S.C. § 3604(f) (2) (A), it is unlawful "[t]o discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of that person." Discrimination includes "a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling." 42 U.S.C. § 3604(f) (3) (B).

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By GaryJ3 on 02/19/2017 3:32 PM

12. The HOA recognized that my request is reasonable but are saying that the common areas can not be used as reserved parking & that other members will want to use the garage front areas for parking. That my garage use for parking is more reasonable.See #10 and reread original Post .

Gary,

In reality, the crux of the issue, and one you are going to have to address to your Board or HUD, is why you are unable to return your garage to usable parking space. Something you have chosen not to disclose to those who have asked that question.

If I were on your Board and had to respond to a HUD complaint I would make a statement similar to:

Sir,

The Board recognizes that the member needed to utilize the garage they had previously used for parking their vehicle as storage due to a water leak. While the leak and damage the leak caused was being repaired, the Board had zero issue with the member parking their vehicle in front of their garage. The Board has allowed reasonable accommodation during the water leak issue. That issue has been resolved and all the Board is asking that the member clears out the garage and return to the coveted parking agreement that served him well over several years. However, the member is refusing to return the items back to their residence and instead simply wants to continue to utilize the temporary parking previously agreed to. The Board is simply asking that the individual be reasonable with this issue.

GaryJ3 (Nevada)
Posts: 31

Posted:

Tim
I see your point . There are two us my brother has a vehicle where does he park his car? My vehicles are parked in the garage when the garage is usable. What then ? He lives in the unit he is also disabled. You see my point. I would like to hear your solution.The law is specific that the HOA has a duty to make a reasonable accomodation to a resident to enjoy his residence whether it be one or two . Both are disabled and requesting reserve parroting space that is level and has easy access to the residence. it is not that clear cut as the Courts have have determined. Many make the mistake as all on this forum have.Terms and Conditions is the key read the case law.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Gary:

My response to HUD would be similar to what Tim had stated and meets the points I was making in my above posts. In answer to your question regarding your brother my further response would be:

Two vehicles can be parked in the garage and the owner cannot drive two vehicles at once. The HOA respectfully would like to compromise and will designate a space in our parking area, generally used on a first come first serve basis, closest to the owner's residence for him to park his extra vehicle. This then will allow room in his garage for his guest to park his vehicle. Both handicapped individuals will then have appropriate daily parking in the residence garage meeting the association guidelines which the Owner purchased under in good faith nine years ago and has previously abided.

Per which you stated above:

11.FFHA held :
A physically disabled resident may request parking privileges not available to other members of the association, such as the right to park a car in a guest parking space which is near and convenient to the residence or the right to park a vehicle outside the garage. If the resident is known to have a physical disability or presents such medical evidence to the board, the association has an affirmative duty to make a reasonable accommodation, such as granting an exception from the normal parking rules. The Act has been construed to require the party controlling the housing to waive enforcement of a parking rule for the benefit of a resident with a disability.

My response would meet the FFHA info you posted.

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By GaryJ3 on 02/19/2017 5:30 PM
Many make the mistake as all on this forum have.

With all due respect, can you go somewhere else to grind this axe? You seem to know it all so why bother us with it?

JanetB2 (Colorado)
Posts: 4,219

Posted:

Question ... There are three vehicles total; therefore, during the leak and repair one was allowed to temporarily park in front of the garage. Where have the other two been parked during this time period?

GaryJ3 (Nevada)
Posts: 31

Posted:

Janet the closest parking spaces are 20ft and 100ft they are on a decline and too far away. Our condition precludes us from walking that far because of poor balance ect I won't go into our medical condition here.Rest assured it has declined over the last 9 years.
I am sorry the only solution is reserved parking I can see the forums point but you must realize that the HOA has agreed that the designated parking is no longer useful to us. Therefore we are already at a point where a reserve parking spot in front of our garage is the only solution .We ask that it be permanent they say temporary our disability is permanent that won't change.How come you can't comprehend the Law? There biggest issue is If we do it for you we are open to doing it for everyone . Funny how all of you defend the ccr's to the death...I guess that's why there are laws for protected classes. Why be subject to different conditions than all the other members.

Moderator please close this thread.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Gary ... I understand your concerns and I do comprehend the law. I had a handful of legally disabled families in my last HOA and argued on their behalf to the developer who was a USDA Federal Grantee, USDA Secretary Vilsack, and many attorneys. While I may not be an attorney I could hold my own against them ... the developer on the other hand when I sold was on their third or fourth attorney because I could run circles around their previous ones. Their previous ones were always trying to violate laws instead of simply following the law, and which would come back and bite them.

I respectfully offered a solution where both you and your brother could both park in the garage. Your one extra vehicle could be parked per your own statement only about 20 feet away in a space which the HOA could designate for your use.

I do not take sides ... I am for what is fair, equitable, and in the best interest of all parties equally. To be honest from your comments it appears to me (just an open honest opinion) that you have been parking one vehicle in front of your garage (other two in parking area) while leak was fixed. You have enjoyed having that parking in front of your garage and are simply looking for a method to keep that parking space. Again, I am just trying in my comments to be fair to everyone equally so you have what you need and the HOA can also mitigate future issues they may have from other owners.

GaryJ3 (Nevada)
Posts: 31

Posted:

Quote:

Posted By JanetB2 on 02/19/2017 8:58 PM
Gary ... I understand your concerns and I do comprehend the law. I had a handful of legally disabled families in my last HOA and argued on their behalf to the developer who was a USDA Federal Grantee, USDA Secretary Vilsack, and many attorneys. While I may not be an attorney I could hold my own against them ... the developer on the other hand when I sold was on their third or fourth attorney because I could run circles around their previous ones. Their previous ones were always trying to violate laws instead of simply following the law, and which would come back and bite them.

I respectfully offered a solution where both you and your brother could both park in the garage. Your one extra vehicle could be parked per your own statement only about 20 feet away in a space which the HOA could designate for your use.

I do not take sides ... I am for what is fair, equitable, and in the best interest of all parties equally. To be honest from your comments it appears to me (just an open honest opinion) that you have been parking one vehicle in front of your garage (other two in parking area) while leak was fixed. You have enjoyed having that parking in front of your garage and are simply looking for a method to keep that parking space. Again, I am just trying in my comments to be fair to everyone equally so you have what you need and the HOA can also mitigate future issues they may have from other owners.

Please address the terms and conditions question....Every other resident has the use of designated parking plus their garages. Under doctors orders I and my brother can no longer use the designated parking. Also CC&R's require us to move any vehicle that we park there to be moved every 60 hours. We are asking for a reserved parking space which happens to be in front of our garage.which given our disability is the only safe area given that the Doctor stated we are subject to severe injury by use of any other parking space.

The HOA has already given a verbal denial...simply stating that "if we grant a reserve spot in the common area to you we have to give it to everybody" which under Federal law for a protected class is false unless the accommodation creates a financial burden or a administrative burden.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By GaryJ3 on 02/19/2017 9:11 PM

Posted By JanetB2 on 02/19/2017 8:58 PM
Gary ... I understand your concerns and I do comprehend the law. I had a handful of legally disabled families in my last HOA and argued on their behalf to the developer who was a USDA Federal Grantee, USDA Secretary Vilsack, and many attorneys. While I may not be an attorney I could hold my own against them ... the developer on the other hand when I sold was on their third or fourth attorney because I could run circles around their previous ones. Their previous ones were always trying to violate laws instead of simply following the law, and which would come back and bite them.

I respectfully offered a solution where both you and your brother could both park in the garage. Your one extra vehicle could be parked per your own statement only about 20 feet away in a space which the HOA could designate for your use.

I do not take sides ... I am for what is fair, equitable, and in the best interest of all parties equally. To be honest from your comments it appears to me (just an open honest opinion) that you have been parking one vehicle in front of your garage (other two in parking area) while leak was fixed. You have enjoyed having that parking in front of your garage and are simply looking for a method to keep that parking space. Again, I am just trying in my comments to be fair to everyone equally so you have what you need and the HOA can also mitigate future issues they may have from other owners.

Please address the terms and conditions question....Every other resident has the use of designated parking plus their garages. Under doctors orders I and my brother can no longer use the designated parking. Also CC&R's require us to move any vehicle that we park there to be moved every 60 hours. We are asking for a reserved parking space which happens to be in front of our garage.which given our disability is the only safe area given that the Doctor stated we are subject to severe injury by use of any other parking space.

The HOA has already given a verbal denial...simply stating that "if we grant a reserve spot in the common area to you we have to give it to everybody" which under Federal law for a protected class is false unless the accommodation creates a financial burden or a administrative burden.

I believe I have already addressed the terms and conditions question with my personal opinion (we are not attorneys and if looking for a legal opinion you need to hire an attorney). The bold section I have noted above for the EXTRA vehicle in a space per your statement only 20 feet away can be addressed with a waiver from that particular 60 hour provision. That would be in my opinion a "fair and equitable" proper waiver so you would not be burdened with moving the vehicle. To allow what you are asking for could create an administrative burden as the HOA will be consistently fighting with other owners who will want the same privilege of parking in front of their garage. Why put that burden on them when both you and your brother can each park a vehicle inside your two car garage?

GaryJ3 (Nevada)
Posts: 31

Posted:

Quote:

Posted By JanetB2 on 02/19/2017 9:30 PM

Posted By GaryJ3 on 02/19/2017 9:11 PM

Posted By JanetB2 on 02/19/2017 8:58 PM
Gary ... I understand your concerns and I do comprehend the law. I had a handful of legally disabled families in my last HOA and argued on their behalf to the developer who was a USDA Federal Grantee, USDA Secretary Vilsack, and many attorneys. While I may not be an attorney I could hold my own against them ... the developer on the other hand when I sold was on their third or fourth attorney because I could run circles around their previous ones. Their previous ones were always trying to violate laws instead of simply following the law, and which would come back and bite them.

I respectfully offered a solution where both you and your brother could both park in the garage. Your one extra vehicle could be parked per your own statement only about 20 feet away in a space which the HOA could designate for your use.

I do not take sides ... I am for what is fair, equitable, and in the best interest of all parties equally. To be honest from your comments it appears to me (just an open honest opinion) that you have been parking one vehicle in front of your garage (other two in parking area) while leak was fixed. You have enjoyed having that parking in front of your garage and are simply looking for a method to keep that parking space. Again, I am just trying in my comments to be fair to everyone equally so you have what you need and the HOA can also mitigate future issues they may have from other owners.

Please address the terms and conditions question....Every other resident has the use of designated parking plus their garages. Under doctors orders I and my brother can no longer use the designated parking. Also CC&R's require us to move any vehicle that we park there to be moved every 60 hours. We are asking for a reserved parking space which happens to be in front of our garage.which given our disability is the only safe area given that the Doctor stated we are subject to severe injury by use of any other parking space.

The HOA has already given a verbal denial...simply stating that "if we grant a reserve spot in the common area to you we have to give it to everybody" which under Federal law for a protected class is false unless the accommodation creates a financial burden or a administrative burden.

I believe I have already addressed the terms and conditions question with my personal opinion (we are not attorneys and if looking for a legal opinion you need to hire an attorney). The bold section I have noted above for the EXTRA vehicle in a space per your statement only 20 feet away can be addressed with a waiver from that particular 60 hour provision. That would be in my opinion a "fair and equitable" proper waiver so you would not be burdened with moving the vehicle. To allow what you are asking for could create an administrative burden as the HOA will be consistently fighting with other owners who will want the same privilege of parking in front of their garage. Why put that burden on them when both you and your brother can each park a vehicle inside your two car garage?

First of all the parking space that is 20ft away has already been admitted by HOA council. As for the administrative burden that argument has not been held by the courts. Anyway thanks for your opinion.

Moderator,again please close this thread.

GaryJ3 (Nevada)
Posts: 31

Posted:

Should read First of all the parking space that is 20ft away has already been admitted by HOA council as not a option for us. As for the administrative burden that argument has not been held by the courts. Anyway thanks for your opinion.

JanetB2 (Colorado)
Posts: 4,219

Posted:

I do not know what more I can say ... I do sincerely wish you luck, but I want to be fair as possible to everyone.

JanetB2 (Colorado)
Posts: 4,219

Posted:

LOL ... It would be nice if we could all "visually" see what you are describing. Potentially that could make a difference on our opinions. Unfortunately we can only go by what anyone who posts and their statements.

GaryJ3 (Nevada)
Posts: 31

Posted:

Quote:

Posted By JanetB2 on 02/19/2017 9:47 PM
LOL ... It would be nice if we could all "visually" see what you are describing. Potentially that could make a difference on our opinions. Unfortunately we can only go by what anyone who posts and their statements.

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Good night!

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By GaryJ3 on 02/19/2017 5:30 PM
Tim
I see your point . . . . I would like to hear your solution.

My solution would be for you to clean out the garage so it can hold the number of vehicles it was designed to hold.
Once that is done, if additional parking is needed, then it would be reasonable to allow you to continue to park in front of your garage until a vehicle is sold (which would be done at your desecration) or until your brother is no longer living with you (whenever that might take place).